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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Linger v. Anchor Motor Freight, Inc.

Claimant sustained permanent partial disabilities from two 1977 accidents and one 1980 accident, leading to separate awards from different employers and their respective insurance carriers. Initially, the claimant received concurrent benefits exceeding the statutory maximum rate. Upon discovering these concurrent payments, a joint hearing was held. An Administrative Law Judge apportioned the award, which was subsequently affirmed by the Workers' Compensation Board, stating that concurrent awards exceeding the statutory maximum for a permanent partial disability were impermissible. The claimant appealed this decision, arguing for a per-accident application of the statutory maximum. However, the appellate court affirmed the Board's decision, asserting that the Workers' Compensation Law establishes an overall maximum rate for permanent partial disability regardless of the number of accidents or employments.

Permanent Partial DisabilityConcurrent AwardsStatutory MaximumApportionmentMultiple AccidentsWage LossJudicial PrecedentAdministrative Law JudgeWorkers' Compensation BoardInsurance Carriers
References
2
Case No. MISSING
Regular Panel Decision
Aug 28, 2008

Aminzadeh v. Hyosung USA

The claimant, a machine operator, sustained a left hand injury in 2005. During treatment for this injury, she was diagnosed with carpal tunnel syndrome in her left wrist. A separate claim for carpal tunnel syndrome was established as an unrelated occupational disease, with a disablement date of June 2007 by a Workers’ Compensation Law Judge. The Workers’ Compensation Board affirmed this decision. The employer’s workers’ compensation carrier appealed the Board’s ruling on the date of disablement. The Appellate Division affirmed the Board's decision, finding that the selection of June 2007 as the date of disablement was supported by substantial evidence, as the condition was objectively diagnosed then.

Workers' CompensationOccupational DiseaseCarpal Tunnel SyndromeDate of DisablementSubstantial EvidenceAppellate ReviewLeft Hand InjuryMachine OperatorMedical DiagnosisBoard Decision
References
3
Case No. MISSING
Regular Panel Decision
Jul 15, 1998

Claim of Baldo v. Daily News

This case involves an appeal from a Workers' Compensation Board decision setting the date of disablement for claimant Joseph Baldo, a former newspaper pressman who suffered from work-related lung cancer, as July 29, 1992. Baldo's widow filed for death benefits after his passing in 1994, leading to a dispute between workers' compensation carriers over liability. The appealing carrier contended that the disablement date should be earlier, citing diagnoses in 1990 or 1991. However, the court affirmed the Board's decision, emphasizing the Board's discretion in selecting a disablement date and finding no medical evidence to establish disability prior to July 29, 1992, even though earlier diagnoses existed.

Workers' Compensation LawLung CancerDate of DisablementAppellate ReviewSubstantial EvidenceCarrier ResponsibilityOccupational DiseaseMedical EvidenceClaimant DisabilityBoard Discretion
References
3
Case No. MISSING
Regular Panel Decision
Oct 12, 1978

Claim of Falcone v. Western Electric Co.

The case involves an appeal of a Workers' Compensation Board decision that set the claimant's date of disablement as July 30, 1973. The claimant, an employee of Western Electric Company, Inc., developed chronic obstructive pulmonary disease due to polyurethane exposure, initially experiencing symptoms in 1966. While a medical report from Dr. Ehret in 1966 identified bronchial asthma, the condition was not considered disabling until July 30, 1973, when the claimant first lost work time due to respiratory issues. The Board's decision, which also discharged the Special Fund from liability under section 25-a of the Workers’ Compensation Law, was affirmed by the appellate court, finding substantial evidence to support the determination of the disablement date.

Occupational DiseaseChronic Obstructive Pulmonary DiseaseBronchial AsthmaPolyurethane ExposureToluene Diisocyanate (TD1)Date of DisablementWorkers' Compensation LawSpecial FundsSubstantial EvidenceMedical Testimony
References
3
Case No. MISSING
Regular Panel Decision

Claim of Krausa v. Totales Debevoise Corp.

Walter Krausa's 1994 claim for silicosis was established, leading to his classification as permanently totally disabled, and his workers' compensation carrier, the State Insurance Fund, became eligible for reimbursement from the Special Disability Fund. After Krausa's death in 2007, his widow filed for death benefits, which were awarded by a Workers’ Compensation Law Judge, who simultaneously discharged the Special Disability Fund from liability. The carrier appealed this decision, seeking continued reimbursement, but the Workers’ Compensation Board denied their request. This appellate court reversed the Board's decision, clarifying that the statutory language regarding the "date of accident or date of disablement" refers to the original disablement date of September 24, 1992, not the date of death, and that death is considered a consequence of the original injury, not a new accident. Therefore, the court concluded that the carrier was indeed entitled to reimbursement from the Special Disability Fund.

Workers' CompensationSilicosisOccupational DiseaseSpecial Disability FundReimbursementDeath BenefitsStatutory InterpretationDate of DisablementDate of AccidentAppellate Review
References
13
Case No. MISSING
Regular Panel Decision

Forsyth v. Staten Island Developmental Disabilities Services Office

The claimant, a lifeguard, sustained head and shoulder injuries in an automobile accident while working for the Staten Island Developmental Disabilities Services Office. His workers' compensation benefits were calculated based on concurrent employment, including seasonal work for the City of New York. The Workers’ Compensation Board affirmed the finding of concurrent employment, a decision which was subsequently appealed by the employer and its carrier. The appellate court affirmed the Board's determination, finding substantial evidence to support the finding of concurrent employment under Workers’ Compensation Law § 14 [6], given the claimant's long history of working for both employers during the same periods.

concurrent employmentaverage weekly wageworkers' compensationlifeguard injuryseasonal employmentappellate reviewNew York labor law
References
3
Case No. MISSING
Regular Panel Decision
Jan 15, 2010

Claim of Castelli v. NRG

The claimant developed asbestosis and chronic obstructive pulmonary disease due to asbestos exposure during employment, with a disablement date of November 13, 2008. The employer and its workers’ compensation carrier sought reimbursement from the Special Disability Fund, but the Workers' Compensation Board denied the application. This denial was based on 2007 amendments to Workers’ Compensation Law § 15 (8) that closed the Fund to claims with disablement dates after July 1, 2007. The employer appealed, arguing the time limit was inapplicable to dust disease claims and that statutory definitions supported their interpretation. The Court affirmed the Board's decision, concluding that the statutory language and legislative history unequivocally intended to close the Fund to all new claims, including dust diseases, with disablement dates post-July 1, 2007.

asbestosasbestosischronic obstructive pulmonary diseaseSpecial Disability FundWorkers' Compensation Law § 15(8)2007 amendmentsdate of disablementdust diseaseoccupational diseasereimbursement claim
References
5
Case No. ADJ9173604
Regular
Jul 28, 2016

MICHAEL PFUNDSTEIN vs. HENDRICKSON TRUCKING, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA

This case concerns Michael Pfundstein's cumulative wrist injury claim against Hendrickson Trucking. The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The Board affirmed the finding that the date of injury was October 3, 2013, based on the concurrence of disability and applicant's knowledge of its industrial origin. The Board found the defendant failed to prove the statute of limitations barred the claim, as the applicant's application was filed timely after the determined date of injury. Liability for the cumulative injury is linked to the period of exposure, which the medical evidence indicated was during the applicant's employment with the defendant.

WCABcumulative injurydate of injurystatute of limitationscarpal tunnel syndromeknowledge and disabilityemployer liabilityPetition for Reconsiderationindustrial originAOE/COE
References
3
Case No. ADJ9761409, ADJ10946911
Regular
Sep 11, 2018

ANGELA COLE vs. MARCONI CONFERENCE CENTER, STATE COMPENSATION INSURANCE FUND, AMERICAN INSURANCE CO.

The Workers' Compensation Appeals Board granted reconsideration, reversing a prior finding that SCIF was solely liable for applicant's cumulative injury. The Board determined the correct Labor Code section 5412 date of injury was December 10, 2014, based on the concurrence of disability and knowledge of its industrial nature. Consequently, the Labor Code section 5500.5(a) liability period is the year preceding that date, making American Insurance Company, the carrier during that period, solely liable for compensation. The Board rescinded the prior award and issued a new decision and award against American Insurance Company.

Labor Code section 5500.5Labor Code section 5412cumulative injurydate of injurydisabilityknowledgeliability periodconcurrent disability and knowledgetemporary disabilitypermanent disability
References
5
Case No. ADJ4191064 (AHM 0091361) ADJ3063740 (AHM 0095797)
Regular
Jan 11, 2010

JOSE BARRIOS vs. McPEEK CHRYSLER PLYMOUTH, INC., GAB ROBINS, BROADSPIRE, California Insurance Guarantee Association (CIGA), Kemper Insurance, Pacific National Company, Cal Indemnity, CalComp Insurance, Pacific Auto Insurance Company

This case involves a workers' compensation claim for cumulative trauma injury to the applicant's neck, back, shoulders, and wrists. The Appeals Board granted reconsideration to amend the date of injury for this cumulative trauma claim. Based on established law regarding the "date of injury" for cumulative trauma, the Board determined that the period of compensable temporary disability commencing in August 2000 constituted sufficient knowledge and disability to establish the injury date. Consequently, liability for the claim, which involved multiple insurers now adjusted by CIGA, was assigned accordingly with a revised injury end date of August 3, 2000.

CIGAKemper InsurancePacific National Companyliquidationcovered claimscumulative traumadate of injurytemporary total disabilityLabor Code section 5500.5Rodarte
References
2
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